EPTL 13-A-3.6 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 13-A-3.5 Disclosure of digital assets held in trust when trustee is up PART 3 Disclosure of Digital Assets to Fiduciary next SECTION 13-A-3.7 Disclosure of other digital assets held in trust when trustee Viewing most recent revision (from 2016-10-07) View historical revision as of: -- Choose a Date -- 2016-10-07 Share Facebook Email SECTION 13-A-3.6 Disclosure of contents of electronic communications held in Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 13-A, PART 3 § 13-A-3.6 Disclosure of contents of electronic communications held in trust when trustee not original user Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian: (a) a written request for disclosure in physical or electronic form; (b) a copy of the trust instrument that includes consent to disclosure of the content of electronic communications to the trustee; (c) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and (d) if requested by the custodian: (1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or (2) evidence linking the account to the trust.